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"Point in Time" Regulation Content

Public Guardian and Trustee Act

PUBLIC GUARDIAN AND TRUSTEE FEES REGULATION

B.C. Reg. 312/2000

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Schedule July 1, 2010
July 1, 2012
March 31, 2014
March 31, 2014
August 1, 2014

 Schedule, item 13 BEFORE amended by BC Reg 162/2010 effective July 1, 2010.

Column 1
Duty or Service
Column 2
Fee
Column 3
By Whom
Payable
Column 4
When
Payable
13Wills Variation Act:
Examining Writ of Summons under section 3
$100The plaintiffOn service of writ
Reviewing and commenting on a proposed settlement of a wills variation action$500The plaintiffOn demand of payment

 Schedule, item 3 BEFORE amended by BC Reg 146/2012 effective July 1, 2012.

3Employment Standards Act:
Administering money in trust for a child under the conditions of employment set under section 9 (3) of the Act or section 45.14 of the Employment Standards Regulation, B.C. Reg. 396/95.(i) 5% of the amount received and 5% of the income earned on it,The trust fundOn receipt
plus
(ii) 0.4 of 1% per annum, computed monthly, on the gross value of all assets.The trust fundMonthly

 Schedule, item 4 BEFORE repealed by BC Reg 148/2013 effective March 31, 2014.

4Estate Administration Act:
(a) Acting as representative of estate under section 9 (1) (b) or sections 59 to 61$300The party seeking the appointmentBefore the appointment becomes effective
(b) Reviewing an application to the court under section 7 or 41 and providing comments$150The applicantOn service of notice
(c) Examining a notice under section 112$300The applicantOn service of notice
(d) Administering the estate of a deceased person or acting under section 51(i) (A) 3% of gross value of real property conveyed to beneficiary or heir,The estate, if funds available, otherwise the beneficiary or heirBefore the conveyance
plus  
(B) 5% of gross sale price of real property sold by agent,The estateOn receipt of proceeds
plus  
(C) 7% of gross sale price of real property sold without agentThe estateOn receipt of proceeds
plus  
(D) 7% of cash received other than the sale of real property,The estateOn receipt
plus  
(E) 7% of the gross value of securities at the time administration commences and 7% of their growth in value,The estateOn commencement of administration and on recognition of capital growth
plus  
(F) 7% of the gross value of other personal property,The estate, if the property is sold or if it is transferred or delivered and if funds are available from the estate, or the beneficiary or heir, if the property is transferred or delivered and the funds are not available from the estateOn receipt of proceeds available from the estate, or before transfer or delivery if funds are not available from the estate
plus  
(G) If the sum of the amounts payable under clauses (A) through (F) is less than $3 500, then an additional amount is payable in the sum of $3 500 – ((A) + (B) + (C) + (D) + (E) + (F))The estate, if the funds available, otherwise the beneficiary or heirOn demand of payment
plus  
(ii) 5% of income earned by estate,The estateOn receipt
plus  
(iii) 0.4 of 1% per annum, computed monthly, on the gross value of all assets.The estateMonthly
plus  
(iv) $75 per hour for staff time spent identifying, locating and proving heirs.The estateOn demand of payment

 Schedule, item 13 BEFORE replaced by BC Reg 148/2013 effective March 31, 2014.

13Wills Variation Act:
(a) Examining notice of civil claim under section 3$100The plaintiffOn service of notice of civil claim
(b) Reviewing and commenting on a proposed settlement of a wills variation action$500The plaintiffOn demand of payment

 Schedule, item 13, the following row was deleted by BC Reg 208/2013 effective March 31, 2014.

 (b) Reviewing and commenting on a proposed settlement of a wills variation action$500The plaintiffOn demand of payment

 Schedule, items 14 and 15 were added by BC Reg 208/2013 effective March 31, 2014.

 Schedule BEFORE re-enacted by BC Reg 154/2014 effective August 1, 2014.

Fee Schedule

[en. B.C. Reg. 83/2003; am. B.C. Regs. 475/2003; 162/2010; 146/2012; 148/2013, Sch. A, s. 1; 208/2013, Sch. s. 1.]

Column 1
Duty or Service
Column 2
Fee
Column 3
By Whom
Payable
Column 4
When
Payable
1Adult Guardianship Act:
Acting under a support and assistance order under section 56(i) 1% of the value of cash received as capital,The adult's estateOn receipt
plus
(ii) 5% of cash received as income,The adult's estateOn receipt
plus
(iii) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,The adult's estateMonthly
plus
(iv) 1% of the gross value of all assets.The adult's estateOn termination of the support and assistance order
2Community Care Facility Act:
Examining an application for consent under section 17 (2) (d) and (f).
$100The applicantOn making the application
3Employment Standards Act:
Administering money in trust for a child under
(a) the conditions of employment set under section 9 (3) of the Act, or
(b) section 45.14 or 45.20 of the Employment Standards Regulation, B.C. Reg. 396/95.
(i) 5% of the amount received and 5% of the income earned on it,The trust fundOn receipt
plus
(ii) 0.4 of 1% per annum, computed monthly, on the gross value of all assets.The trust fundMonthly
4 Repealed. [B.C. Reg. 148/2013, Sch. A, s. 1 (a).]
5Estates of Missing Persons Act:
Administering the estate of a missing person(i) 3% of gross sale price of real property sold by agent,The estateOn receipt of proceeds
plus
(ii) 5% of cash received whether as capital or income, other than from the sale of real property by an agent,The estateOn receipt
plus
(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value,The estateOn commencement of administration and on recognition of capital growth
plus
(iv) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,The estateMonthly
plus  
(v) 5% of gross value of assets other than securities.The estateOn termination of curatorship
6Infants Act:
(a) Performing services undersection 2$250The applicantOn completion of the transaction
(b) Examining application under section 21$200The applicantOn service of application
(c) Examining application under section 22$250The applicantOn service of application
(d) Examining an application for the Public Guardian and Trustee's consent under section 40 (1) (a)$200The applicantOn service of application
(e) Examining other applications under section 40(i) $100, if the proposed amount is not over $1 500;The applicantOn service of application
(ii) $250, if the proposed amount is over $1 500 but not over $5 000;The applicantOn service of application
(iii) $300, if the proposed amount is over $5 000 but not over $10 000;The applicantOn service of application
(iv) $500, if the proposed amount is over $10 000 but not over $15 000;The applicantOn service of application
(v) $750, if the proposed amount is over $15 000 but not over $50 000;The applicantOn service of application
(vi) $1 250, if the proposed amount is over $50 000 but not over $100 000;The applicantOn service of application
(vii) $2 000, if the proposed amount is over $100 000 but not over $500 000;The applicantOn service of application
(viii) $3 000, if the proposed amount is over $500 000;The applicantOn service of application
(ix) $250 for a consent to dismissalThe applicantOn service of application
(f) Examining documents or applications under section 49$250Party adverse to infantOn service of documents or application
7Limitation Act:
Responding to notice under section 7$500Person serving noticeOn service of notice
8Patients Property Act:
(a) Responding to a notice of application under section 7$500The applicantOn service of notice of application
(b) Attending to passing of accounts under section 10 or 13:(i) $125, for each 12 months reviewed, if the gross value of patient's assets is over $25 000 but not over $100 000;Patient's estateOn presentation of accounts for passing
(ii) $250, for each 12 months reviewed, if the gross value of patient's assets is over $100 000 but not over $300 000;Patient's estateOn presentation of accounts for passing
(iii) $325, for each 12 months reviewed, if the gross value of patient's assets is over $300 000 but not over $500 000;Patient's estateOn presentation of accounts for passing
(iv) $500, for each 12 months reviewed, if the gross value of patient's assets is over $500 000;Patient's estateOn presentation of accounts for passing
(c) Examining an application under section 12(i) $200, if there is a court application for discharge of committee;Patient's estateOn receipt of application
(ii) $50, for review of documentation on death of patient, if there is no court applicationPatient's estateOn receipt of application
(d) Examining an application under section 28$300Patient's estateOn receipt of application
(e) Acting as committee of the estate of a patient:(i) 3% of gross sale price of real property sold by an agent,The estateOn receipt of proceeds
plus  
(ii) 5% of cash received whether as capital or income, other than from the sale of real property by an agent,The estateOn receipt
plus  
(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value,The estateOn commencement of administration and on recognition of capital growth
plus  
(iv) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,The estateMonthly
plus  
(v) 5% of the gross value of all assets other than securitiesThe estateOn demand of payment
(f) Acting under section 24 as committee of the estate of a patient after patient's death$100 per month or pro-rated portion of itThe estateMonthly commencing on the death of a patient until the receipt of a copy of the grant of letters probate of the will or letters of administration of the estate of the patient.
9Public Guardian and Trustee Act:
(a) Acting under section 6 as executor, trustee, attorney(i) 3% of gross sale price of real property sold by an agent,The trust fund or estateOn receipt of proceeds
plus  
(ii) 5% of cash received whether as capital or income, other than from the sale of real property by an agent,The trust fund or estateOn receipt
plus  
(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in valueThe trust fund or estateOn commencement of administration and on recognition of capital growth
plus  
(iv) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,The trust fund or estateMonthly
plus  
(v) 5% of gross value of assets other than securitiesThe trust fund or estateOn demand of payment
(b) Acting under section 7 as litigation guardian$350The infantOn demand of payment
(c) Making investigation and audit under section 17 (1)(i) $125, if the gross value of assets in trust or, if the investigation and audit does not relate to a trust, the gross value of the estate, is not over $100 000;The trust fund or estateOn demand of payment
(ii) $200, if the gross value of assets in trust or, if the investigation and audit does not relate to a trust, the gross value of the estate, is over $100 000 but not over $250 000;The trust fund or estateOn demand of payment
(iii) $250, if the gross value of assets in trust or, if the investigation and audit does not relate to a trust, the gross value of the estate, is over $250 000 but not over $375 000;The trust fund or estateOn demand of payment
(iv) $300, if the gross value of assets in trust or, if the investigation and audit does not relate to a trust, the gross value of the estate, is over $375 000 but not over $500 000;The trust fund or estateOn demand of payment
(v) $350, if the gross value of assets in trust or, if the investigation and audit does not relate to a trust, the gross value of the estate, is over $500 000 but not over $600 000;The trust fund or estateOn demand of payment
(vi) $400, if the gross value of assets in trust or, if the investigation and audit does not relate to a trust, the gross value of the estate, is over $600 000The trust fund or estateOn demand of payment
10Representation Agreement Act:
(a) Acting as a representative under section 5 or an alternate representative under section 6(i) 3% of the gross sale price of real property sold by an agent,The adult's estateOn receipt
plus  
(ii) 5% of cash received, whether as capital or income, other than from the sale of real property by an agent,The adult's estateOn receipt
plus  
(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value,The adult's estateOn commencement of administration and on recognition of capital growth
plus  
(iv) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,The adult's estateMonthly
plus  
(v) 5% of the gross value of assets other than securities;The adult's estateOn termination of administration
(b) Investigating, under section 30 (3) or 31, an objection about financial abuse(i) $125, if the gross value of the adult's assets is not over $100 000;The adult's estateOn demand of payment
(ii) $200, if the gross value of the adult's assets is over $100 000 but not over $250 000;The adult's estateOn demand of payment
(iii) $250, if the gross value of the adult's assets is over $250 000 but not over $375 000;The adult's estateOn demand of payment
(iv) $300, if the gross value of the adult's assets is over $375 000 but not over $500 000;The adult's estateOn demand of payment
(v) $350, if the gross value of the adult's assets is over $500 000 but not over $600 000;The adult's estateOn demand of payment
(vi) $400, if the gross value of the adult's assets is over $600 000.The adult's estateOn demand of payment
11Residential Tenancy Regulation:
Receiving money under section 17 of B.C. Reg. 125/20015% of the amount received and 5% of income earned on it.The fundOn receipt
12Trust and Settlement Variation Act:
Examining application under section 3$750The applicantOn service of application
13Wills, Estates and Succession Act:
(a) Examining notice of civil claim under section 61$100The plaintiffOn service of notice of civil claim
(b) Repealed. [B.C. Reg. 208/2013, Sch. s. 1 (a).]
(c) Reviewing and commenting on a proposed settlement of an action brought pursuant to Division 6 of Part 4$500The plaintiffOn demand of payment
(d) Administering the estate of a deceased person or acting under section 110, 164 or 167(i) (A) 3% of gross value of real property conveyed to beneficiary or heir,The estate if funds available, otherwise the beneficiary or heirBefore the conveyance
plus
(B) 5% of gross sale price of real property sold by agent,The estateOn receipt of proceeds
plus
(C) 7% of gross sale price of real property sold without agent,The estateOn receipt of proceeds
plus
(D) 7% of cash received other than the sale of real property,The estateOn receipt
plus
(E) 7% of the gross value of securities at the time the administration commences and 7% of their growth in value,The estateOn commencement of administration and on recognition of capital growth
plus
(F) 7% of the gross value of other personal property,The estate, if the property is sold or if it is transferred or delivered and if funds are available from the estate, or the beneficiary or heir, if the property is transferred or delivered and the funds are not available from the estateOn receipt of proceeds available from the estate, or before transfer or delivery if funds are not available from the estate
plus
(G) If the sum of the amounts payable under clauses (A) through (F) is less than $3 500, then an additional amount is payable in the sum of $3 500 – ((A) + (B) + (C) + (D) + (E) + (F))The estate, if funds available, otherwise the beneficiary or heirOn demand of payment
plus
(ii) 5% of the income earned by estate,The estateOn receipt
plus
(iii) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,The estateMonthly
plus
(iv) $75 per hour for staff time spent identifying, locating and proving heirs.The estateOn demand of payment
(e) Reviewing a notice to the court under section 121 (1), or 138 (2) and providing comments under section 124$300The applicantOn service of notice
(f) Acting as representative of estate under section 150$300The party seeking appointmentBefore the appointment becomes effective
(g) Examining and responding to an application to appoint a trustee to hold and administer a minor's estate under section 153 (3)$500The applicantOn service of notice
14Estate Administration Act:
(This item applies only in respect of deaths occurring before March 31, 2014)
(a) Acting as representative of estate under section 9 (1) (b) or sections 59 to 61$300The party seeking appointmentBefore the appointment becomes effective
(b) Reviewing an application to the court under section 7 or 41 and providing comments$150The applicantOn service of notice
(c) Examining a notice under section 112$300The applicantOn service of notice
(d) Administering the estate of a deceased person or acting under section 51(i) (A) 3% of gross value of real property conveyed to beneficiary or heir,The estate, if funds available, otherwise the beneficiary or heirBefore the conveyance
plus
(B) 5% of gross sale price of real property sold by agent,The estateOn receipt of proceeds
plus
(C) 7% of gross sale price of real property sold without agent,The estateOn receipt of proceeds
plus
(D) 7% of cash received other than the sale of real property,The estateOn receipt
plus
(E) 7% of the gross value of securities at the time administration commences and 7% of their growth in value,The estateOn commencement of administration and on recognition of capital growth
plus
(F) 7% of gross value of other personal property,The estate, if the property is sold or if it is transferred or delivered and if funds are available from the estate, or the beneficiary or heir, if the property is transferred or delivered and funds are not available from the estateOn receipt of proceeds available from the estate, or before transfer or delivery if funds are not available from the estate
plus
(G) If the sum of the amounts payable under clauses (A) through (F) is less than $3 500, then an additional amount is payable in the sum of $3 500 – ((A) + (B) + (C) + (D) + (E) + (F))The estate, if funds available, otherwise the beneficiary or heirOn demand of payment
plus
(ii) 5% of income earned by estate,The estateOn receipt
plus
(iii) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,The estateMonthly
plus
(iv) $75 per hour for staff time spent identifying, locating and proving heirs.The estateOn demand of payment
15Wills Variation Act:
(This item applies only in respect of deaths occurring before March 31, 2014)
(a) Examining notice of civil claim under section 3$100The plaintiffOn service of notice of civil claim
(b) Reviewing and commenting on a proposed settlement of a wills variation action$500The plaintiffOn demand of payment